Business Services

Charities

With the passing of the Charities Act 2011 many changes have been introduced affecting the way that charities must operate today. These include new revised accounting rules and modifying powers for charities - especially charitable companies.

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The Act has also introduced a new statutory definition of “charity” replacing the definition that has been in existence since Queen Elizabeth I.

Charities small and large need to review their constitutions and governance documents. We are able to assist in the formation of charities and their continued governance, as well as providing advice in relation to day-to-day charitable activities. We understand that charities have needs similar to many other corporate organisations including the need for premises and staff and we are able to advise in respect of these aspects along with charity law.

Partners are also able to act as professional trustees for charities providing corporate governance and bringing their legal and business skills to the benefit of the charities.

CLC

As all businesses work to budgets, unforeseen legal costs can be a difficult situation to manage. The ability to budget your legal spend each year and to know that you have legal expenses insurance if you find yourself in a time of need can give the peace of mind required to deal with the situation in a calm and controlled manner.

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At Morlings we are proud to offer the Complete Legal Care scheme, which enables business to budget their legal spend depending on the size of their organisation and their anticipated legal needs.

Unlike most legal subscription services, ours is not just limited to employment matters but also includes:

•Property Protection

•Contract Disputes & Litigation Disputes

•Compliance & Regulation

•Tax Protection

•Debt Recovery

•Employee Protection

As a business you decide how many legal hours of advice you wish to subscribe to per month, and subject to insurance underwriting the monthly subscription includes legal expenses insurance in your favour. Subject to your continuance of the subscription and following our advice, in any employment tribunal matter the insurance will pay for your legal costs (excluding the subscription costs) and any award made against you by the tribunal. As with any insurance some exclusions will apply.

We have a dedicated phone number for Complete Legal Care, 01474 335510

Contact us for further information and a quotation specific to your needs.

Company Commercial

From starting a business through to selling it, getting the right advice at the right time is critical to your success. It is important, regardless of size, that you have honest, practical and transparent business legal advice that is tailored to your specific commercial needs to ensure you can achieve your goals.

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Morlings appreciates the changing nature of business and the challenges associated with either setting up or running a business. Our highly experienced commercial solicitors know and understand business law. We will take the time to understand your commercial needs so that we can develop long-standing relationships with you, providing you continuity, and enabling us to get an in-depth understanding of your organisation and legal issues that may affect you.

Whether you are a sole trader, partnership, or a limited company, our company commercial solicitors can assist you with the ever-developing legal framework affecting commercial life.

Morlings can advise you on:

•Employment Law

•Commercial Property

•Debt Recovery

•Joint Ventures

•Licensing

•Litigation and Dispute Resolution

•Shareholder Agreements

Debt Recovery

In the wake of recent recessions it is more important than ever for businesses to collect all bills in a timely fashion. The cash flow for the majority of businesses, whether small or large, is dependent on this and at Morlings we can review your terms of business and advise you of the changes needed to introduce interest and debt collection cost provisions for late payers.

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By outsourcing this work it will give you more time to concentrate on running your business while our debt recovery team communicate with your debtors in the pursuit of collection outstanding payments. We are also able to advise and guide you through the court and enforcement procedures should the need arise. Our clients retain control of legal proceedings and sanction all steps taken.

We can advise on individual matters as well as bulk portfolios and our case management system allows us to do the work at competitive prices, whilst fixed fees enable you to budget the cost of debt recovery. If you’d like our advice on how we can help your business, please contact us and our litigation team will be happy to assist.

Executive and Non Executive Directors

Company law defines a “Director” as “any person occupying the position of director, by whatever name called”. As such there is no ‘legal’ distinction between an executive director and non-executive director.

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The differences are more usually found in the roles they perform. Non-executive directors are generally less involved in the day-to-day running of the company and are usually appointed for their expertise and to contribute towards the strategic decision-making processes where required. Executive directors on the other hand are usually responsible for the day to day running of the company and typically have a hands-on role whilst working full time in the business.

As a whole, the board, which includes the non-executive directors, are collectively responsible for the success or failure of the company.

Liabilities

There is no distinction in company law between the liabilities of an executive director and a non-executive director.

As such non-executive directors are exposed to similar risks as those of executive directors, namely:

disqualification from taking up certain roles for the period of suspension;

risk of personal liability for: breach of fiduciary duty; breach of duty to exercise reasonable skill, care and diligence; wrongful trading; countless other statutes and statutory instruments under which non-executive directors can be personally liable;

corporate manslaughter;

Working with you

Non-executive directors can be more vulnerable than executive directors because they do not have constant, and sometimes regular, involvement in the business.

Morlings has experience in sitting on boards in non-executive roles. Our company commercial department are also able to advise companies and individuals who are thinking of offering or accepting a non-executive position on their duties and liabilities.

Contact us directly to find out more.

Joint Ventures

In the current economic climate joint ventures provide an attractive option for businesses to share risk, combine skills and maximise opportunities to achieve optimum results.

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Where two or more such parties join together for a business purpose, it is essential that the rights and obligations of each are made clear and understood at the outset.

For many businesses, entering into a joint venture is one of the biggest decisions they will make. Strong relationships and robust and meaningful mechanisms are the keys to success particularly in avoiding conflicts that may arise at the outset and indeed later on.

Morlings company commercial team provide clear, practical advice to anyone setting up a new company, business, joint venture or partnership.

Through our years of work with a wide range of clients our team has developed a strong reputation for delivering high value and effective expert solutions.

Licensing

If you are considering applying for a licence, whether it be for liquor, entertainment, or both, Morlings specialist licensing team is up to date with the changes in the law. We are able to assist our clients in obtaining the correct licence to ensure that their businesses continue to operate within the licensing regime.

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Our knowledge will help you make the most of the new opportunities under the legislation, including 24 hour licences for those wishing to trade all hours. We will explain and help you achieve and promote the objective criteria set by the licensing authority.

Clients must remember that licences are also required for all businesses selling food after 11pm.

Licences are needed for the following activities or premises:

•Massage & Special Treatment Licence (Premises)

•Betting Premises

•Hairdresser Registration

•Boarding Animals Licence

•Sex Establishments

•Stage Hypnotism

•Street Trading

•Premises Licence

•Transferring a Premises Licence

•Changes to Designated Premises Supervisors on a Premises Licence

If you have any licensing needs then contact us to discuss these further and we can assist you in your application.

Notary

We have two partners who are notaries at Hatten Wyatt, however their practice as notaries is separate and distinct from Hatten Wyatt Solicitors & Advocates and they practice under the partnership Hatten Wyatt Notaries.

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Notaries are primarily concerned with the verification of documents and information that will be used in other countries in the world, for clients who have business or property overseas, or who are involved in litigation in foreign courts.

Other services which may be useful are that notaries are able to authenticate powers of attorney for use abroad, authenticate the signing of documents in their presence and deal with the administration of oaths.

The geographical location of Hatten Wyatt Notaries in Gravesend Kent, home of the Port of London Authority means that we are well placed for shipping protests.

Additional services available by notaries include:

•Authenticating documents and facts, business documents and transactions

•Bills of exchange

•Certification

•Commercial and copyright documents for worldwide use

•Documents in connection with adoption

•Documents in connection with evidence of name or corporate status

•Documents relating to foreign property

•Legalisation at the Foreign & Commonwealth Office or any other relevant embassy/consulate where necessary

•Marriages abroad etc.

•Powers of Attorney

•Shipping protests

•Sponsorship visits or settlements

•Taking affidavits, declarations and depositions for use outside the United Kingdom

•Verifying translations

•Witnessing signature of deeds and documents primarily for use outside the UK

Registered Address Services

The registered office of a limited company is the official address of that company. For companies registered in England & Wales we can offer our offices as that registered address.

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The Registered Office is the address to which Companies House will send all its correspondence as well as any official notices being served , however the trading address of the company can be elsewhere.

Overseas parties to contracts governed by English law are required at times to have an address within England & Wales for the service of legal documents. We are able to act as agents for the service of documents for foreign parties to English contracts.

Our Registered Office service is ideal for:

•Small limited companies which do not wish to use their directors’ home address as the registered office address

•Overseas clients who require a UK address for service of documents or contractual notices

For clients of our registered office service they may use our address below as their registered office:

51/54 Windmill Street

Gravesend

Kent

DA12 1BD

Mail received at our office is sorted and redirected to our clients at the end of each week. Any notices served are forwarded upon receipt.

Our Registered Office service is subject to enhanced money laundering checks. Our registered office service does not permit clients to use our address as the trading address for the company, for correspondence, for advertising or any other purpose other than the registered office.

Shareholders Agreements

A shareholders’ agreement is a contract entered into between a company and some or all of its shareholders. Agreements vary widely, however, typically the agreement is designed to protect all the parties against a majority using their voting powers to the detriment of the others.

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Although not a legal requirement, without such an agreement, a company is under the control of those who hold a majority of the votes at a directors’ or shareholders’ meeting. If a major issue arises that affects the running of the company, or the interests of individual shareholders, most shareholders want to have their say and to be able to contribute their views towards the debates regarding change. A shareholders’ agreement can specify decisions which require all, or certain shareholders, to agree before they are implemented.

The complexity of the shareholder’s agreement and the cost involved can also vary widely. Morlings experienced company commercial team will work with you to understand your requirements and develop a bespoke shareholder agreement to suit the needs of your company. Each step of the process will be clearly explained and detailed to ensure you are clear on all elements of the agreement.

If you have any questions on shareholder issues, please contact us for an informal chat or to book an appointment.